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US (United States) Code. Title 50. Chapter 35: International emergency economic powers

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-CITE-

50 USC CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

-HEAD-

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

-MISC1-

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

Sec.

1801. Definitions.

1802. Electronic surveillance authorization without court

order; certification by Attorney General; reports to

Congressional committees; transmittal under seal;

duties and compensation of communication common

carrier; applications; jurisdiction of court.

1803. Designation of judges.

(a) Court to hear applications and grant orders;

record of denial; transmittal to court of

review.

(b) Court of review; record, transmittal to Supreme

Court.

measures for maintenance of records.

(d) Tenure.

1804. Applications for court orders.

(a) Submission by Federal officer; approval of

Attorney General; contents.

(b) Exclusion of certain information respecting

foreign power targets.

(d) Additional information.

(e) Personal review by Attorney General.

1805. Issuance or order.

(a) Necessary findings.

(b) Determination of probable cause.

(d) Exclusion of certain information respecting

foreign power targets.

(e) Duration of order; extensions; review of

circumstances under which information was

acquired, retained or disseminated.

(f) Emergency orders.

(g) Testing of electronic equipment; discovering

unauthorized electronic surveillance; training

of intelligence personnel.

(h) Retention of certifications, applications and

orders.

(i) Bar to legal action.

1806. Use of information.

(a) Compliance with minimization procedures;

privileged communications; lawful purposes.

(b) Statement for disclosure.

(d) Notification by States or political

subdivisions.

(e) Motion to suppress.

(f) In camera and ex parte review by district

court.

(g) Suppression of evidence; denial of motion.

(h) Finality of orders.

(i) Destruction of unintentionally acquired

information.

(j) Notification of emergency employment of

electronic surveillance; contents;

postponement, suspension or elimination.

(k) Coordination with law enforcement on national

security matters.

1807. Report to Administrative Office of the United States

Court and to Congress.

1808. Report of Attorney General to Congressional

committees; limitation on authority or responsibility

of information gathering activities of Congressional

committees; report of Congressional committees to

Congress.

1809. Criminal sanctions.

(a) Prohibited activities.

(b) Defense.

(d) Federal jurisdiction.

1810. Civil liability.

1811. Authorization during time of war.

SUBCHAPTER II - PHYSICAL SEARCHES

1821. Definitions.

1822. Authorization of physical searches for foreign

intelligence purposes.

(a) Presidential authorization.

(b) Application for order; authorization.

Surveillance Court.

(d) Court of review; record; transmittal to Supreme

Court.

(e) Expeditious conduct of proceedings; security

measures for maintenance of records.

1823. Application for order.

(a) Submission by Federal officer; approval of

Attorney General; contents.

(b) Additional affidavits or certifications.

(d) Personal review by Attorney General.

1824. Issuance of order.

(a) Necessary findings.

(b) Determination of probable cause.

(d) Duration of order; extensions; assessment of

compliance.

(e) Emergency orders.

(f) Retention of applications and orders.

1825. Use of information.

(a) Compliance with minimization procedures; lawful

purposes.

(b) Notice of search and identification of property

seized, altered, or reproduced.

(d) Notification by United States.

(e) Notification by States or political

subdivisions.

(f) Motion to suppress.

(g) In camera and ex parte review by district

court.

(h) Suppression of evidence; denial of motion.

(i) Finality of orders.

(j) Notification of emergency execution of physical

search; contents; postponement, suspension, or

elimination.

(k) Coordination with law enforcement on national

security matters.

1826. Congressional oversight.

1827. Penalties.

(a) Prohibited activities.

(b) Defense.

(d) Federal jurisdiction.

1828. Civil liability.

1829. Authorization during time of war.

SUBCHAPTER III - PEN REGISTERS AND TRAP AND TRACE DEVICES FOR

FOREIGN INTELLIGENCE PURPOSES

1841. Definitions.

1842. Pen registers and trap and trace devices for foreign

intelligence and international terrorism

investigations.

(a) Application for authorization or approval.

(b) Form of application; recipient.

(d) Ex parte judicial order of approval.

(e) Time limitation.

(f) Cause of action barred.

(g) Furnishing of results.

1843. Authorization during emergencies.

(a) Requirements for authorization.

(b) Determination of emergency and factual basis.

1844. Authorization during time of war.

1845. Use of information.

(a) In general.

(b) Disclosure for law enforcement purposes.

States.

(d) Notification of intended disclosure by State or

political subdivision.

(e) Motion to suppress.

(f) In camera and ex parte review.

(g) Effect of determination of lawfulness.

(h) Binding final orders.

1846. Congressional oversight.

SUBCHAPTER IV - ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN

INTELLIGENCE PURPOSES

1861. Access to certain business records for foreign

intelligence and international terrorism

investigations.

(a) Application for order; conduct of investigation

generally.

(b) Recipient and contents of application.

(d) Nondisclosure.

(e) Liability for good faith disclosure; waiver.

1862. Congressional oversight.

1863. Repealed.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 403-3 of this title; title

8 sections 1532, 1534; title 18 sections 2232, 2511, 2522, 3121;

title 47 section 1008.

-End-

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50 USC SUBCHAPTER I - ELECTRONIC SURVEILLANCE 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1842 of this title.

-End-

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50 USC Sec. 1801 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-

Sec. 1801. Definitions

-STATUTE-

As used in this subchapter:

(a) "Foreign power" means -

(1) a foreign government or any component thereof, whether or

not recognized by the United States;

(2) a faction of a foreign nation or nations, not

substantially composed of United States persons;

(3) an entity that is openly acknowledged by a foreign

government or governments to be directed and controlled by such

foreign government or governments;

(4) a group engaged in international terrorism or activities

in preparation therefor;

(5) a foreign-based political organization, not substantially

composed of United States persons; or

(6) an entity that is directed and controlled by a foreign

government or governments.

(b) "Agent of a foreign power" means -

(1) any person other than a United States person, who -

(A) acts in the United States as an officer or employee of

a foreign power, or as a member of a foreign power as defined

in subsection (a)(4) of this section;

(B) acts for or on behalf of a foreign power which engages

in clandestine intelligence activities in the United States

contrary to the interests of the United States, when the

circumstances of such person's presence in the United States

indicate that such person may engage in such activities in

the United States, or when such person knowingly aids or

abets any person in the conduct of such activities or

knowingly conspires with any person to engage in such

activities; or

(2) any person who -

(A) knowingly engages in clandestine intelligence gathering

activities for or on behalf of a foreign power, which

activities involve or may involve a violation of the criminal

statutes of the United States;

(B) pursuant to the direction of an intelligence service or

network of a foreign power, knowingly engages in any other

clandestine intelligence activities for or on behalf of such

foreign power, which activities involve or are about to

involve a violation of the criminal statutes of the United

States;

terrorism, or activities that are in preparation therefor,

for or on behalf of a foreign power;

(D) knowingly enters the United States under a false or

fraudulent identity for or on behalf of a foreign power or,

while in the United States, knowingly assumes a false or

fraudulent identity for or on behalf of a foreign power; or

(E) knowingly aids or abets any person in the conduct of

activities described in subparagraph (A), (B), or (C) or

knowingly conspires with any person to engage in activities

described in subparagraph (A), (B), or (C).

(1) involve violent acts or acts dangerous to human life that

are a violation of the criminal laws of the United States or of

any State, or that would be a criminal violation if committed

within the jurisdiction of the United States or any State;

(2) appear to be intended -

(A) to intimidate or coerce a civilian population;

(B) to influence the policy of a government by intimidation

or coercion; or

or kidnapping; and

(3) occur totally outside the United States, or transcend

national boundaries in terms of the means by which they are

accomplished, the persons they appear intended to coerce or

intimidate, or the locale in which their perpetrators operate

or seek asylum.

(d) "Sabotage" means activities that involve a violation of

chapter 105 of title 18, or that would involve such a violation

if committed against the United States.

(e) "Foreign intelligence information" means -

(1) information that relates to, and if concerning a United

States person is necessary to, the ability of the United States

to protect against -

(A) actual or potential attack or other grave hostile acts

of a foreign power or an agent of a foreign power;

(B) sabotage or international terrorism by a foreign power

or an agent of a foreign power; or

service or network of a foreign power or by an agent of a

foreign power; or

(2) information with respect to a foreign power or foreign

territory that relates to, and if concerning a United States

person is necessary to -

(A) the national defense or the security of the United

States; or

(B) the conduct of the foreign affairs of the United

States.

(f) "Electronic surveillance" means -

(1) the acquisition by an electronic, mechanical, or other

surveillance device of the contents of any wire or radio

communication sent by or intended to be received by a

particular, known United States person who is in the United

States, if the contents are acquired by intentionally targeting

that United States person, under circumstances in which a

person has a reasonable expectation of privacy and a warrant

would be required for law enforcement purposes;

(2) the acquisition by an electronic, mechanical, or other

surveillance device of the contents of any wire communication

to or from a person in the United States, without the consent

of any party thereto, if such acquisition occurs in the United

States, but does not include the acquisition of those

communications of computer trespassers that would be

permissible under section 2511(2)(i) of title 18;

(3) the intentional acquisition by an electronic, mechanical,

or other surveillance device of the contents of any radio

communication, under circumstances in which a person has a

reasonable expectation of privacy and a warrant would be

required for law enforcement purposes, and if both the sender

and all intended recipients are located within the United

States; or

(4) the installation or use of an electronic, mechanical, or

other surveillance device in the United States for monitoring

to acquire information, other than from a wire or radio

communication, under circumstances in which a person has a

reasonable expectation of privacy and a warrant would be

required for law enforcement purposes.

(g) "Attorney General" means the Attorney General of the United

States (or Acting Attorney General) or the Deputy Attorney

General.

(h) "Minimization procedures", with respect to electronic

surveillance, means -

(1) specific procedures, which shall be adopted by the

Attorney General, that are reasonably designed in light of the

purpose and technique of the particular surveillance, to

minimize the acquisition and retention, and prohibit the

dissemination, of nonpublicly available information concerning

unconsenting United States persons consistent with the need of

the United States to obtain, produce, and disseminate foreign

intelligence information;

(2) procedures that require that nonpublicly available

information, which is not foreign intelligence information, as

defined in subsection (e)(1) of this section, shall not be

disseminated in a manner that identifies any United States

person, without such person's consent, unless such person's

identity is necessary to understand foreign intelligence

information or assess its importance;

(3) notwithstanding paragraphs (1) and (2), procedures that

allow for the retention and dissemination of information that

is evidence of a crime which has been, is being, or is about to

be committed and that is to be retained or disseminated for law

enforcement purposes; and

(4) notwithstanding paragraphs (1), (2), and (3), with

respect to any electronic surveillance approved pursuant to

section 1802(a) of this title, procedures that require that no

contents of any communication to which a United States person

is a party shall be disclosed, disseminated, or used for any

purpose or retained for longer than 72 hours unless a court

order under section 1805 of this title is obtained or unless

the Attorney General determines that the information indicates

a threat of death or serious bodily harm to any person.

(i) "United States person" means a citizen of the United

States, an alien lawfully admitted for permanent residence (as

defined in section 1101(a)(20) of title 8), an unincorporated

association a substantial number of members of which are citizens

of the United States or aliens lawfully admitted for permanent

residence, or a corporation which is incorporated in the United

States, but does not include a corporation or an association

which is a foreign power, as defined in subsection (a)(1), (2),

or (3) of this section.

(j) "United States", when used in a geographic sense, means all

areas under the territorial sovereignty of the United States and

the Trust Territory of the Pacific Islands.

(k) "Aggrieved person" means a person who is the target of an

electronic surveillance or any other person whose communications

or activities were subject to electronic surveillance.

(l) "Wire communication" means any communication while it is

being carried by a wire, cable, or other like connection

furnished or operated by any person engaged as a common carrier

in providing or operating such facilities for the transmission of

interstate or foreign communications.

(m) "Person" means any individual, including any officer or

employee of the Federal Government, or any group, entity,

association, corporation, or foreign power.

(n) "Contents", when used with respect to a communication,

includes any information concerning the identity of the parties

to such communication or the existence, substance, purport, or

meaning of that communication.

(o) "State" means any State of the United States, the District

of Columbia, the Commonwealth of Puerto Rico, the Trust Territory

of the Pacific Islands, and any territory or possession of the

United States.

-SOURCE-

(Pub. L. 95-511, title I, Sec. 101, Oct. 25, 1978, 92 Stat. 1783;

Pub. L. 106-120, title VI, Sec. 601, Dec. 3, 1999, 113 Stat. 1619;

Pub. L. 107-56, title X, Sec. 1003, Oct. 26, 2001, 115 Stat. 392;

Pub. L. 107-108, title III, Sec. 314(a)(1), (c)(2), Dec. 28, 2001,

115 Stat. 1402, 1403.)

-MISC1-

AMENDMENTS

2001 - Subsec. (f)(2). Pub. L. 107-56, Sec. 1003, as amended by

Pub. L. 107-108, Sec. 314(c)(2), inserted ", but does not include

the acquisition of those communications of computer trespassers

that would be permissible under section 2511(2)(i) of title 18"

before semicolon at end.

Subsec. (h)(4). Pub. L. 107-108, Sec. 314(a)(1), substituted "72

hours" for "twenty-four hours".

1999 - Subsec. (b)(2)(D), (E). Pub. L. 106-120 added subpar. (D)

and redesignated former subpar. (D) as (E).

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-108, title III, Sec. 314(c), Dec. 28, 2001, 115 Stat.

1402, provided in part that the amendment made by section 314(c)(2)

of Pub. L. 107-108 is effective as of Oct. 26, 2001, and as if

included in Pub. L. 107-56 as originally enacted.

EFFECTIVE DATE; EXCEPTION

Pub. L. 95-511, title VI, Sec. 601, formerly title III, Sec. 301,

Oct. 25, 1978, 92 Stat. 1798, as renumbered title IV, Sec. 401, and

amended by Pub. L. 103-359, title VIII, Sec. 807(a)(1), (2), Oct.

14, 1994, 108 Stat. 3443; renumbered title VI, Sec. 601, and

amended Pub. L. 105-272, title VI, Secs. 601(1), 603(a), Oct. 20,

1998, 112 Stat. 2404, 2412, provided that: "The provisions of this

Act [enacting this chapter, amending sections 2511, 2518, and 2519

of Title 18, Crimes and Criminal Procedure, and enacting provision

set out as a note below] (other than titles III, IV, and V

[enacting subchapters II, III, and IV, respectively, of this

chapter]) and the amendments made hereby shall become effective

upon the date of enactment of this Act [Oct. 25, 1978], except that

any electronic surveillance approved by the Attorney General to

gather foreign intelligence information shall not be deemed

unlawful for failure to follow the procedures of this Act, if that

surveillance is terminated or an order approving that surveillance

is obtained under title I of this Act [enacting this subchapter]

within ninety days following the designation of the first judge

pursuant to section 103 of this Act [section 1803 of this title]."

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-567, title VI, Sec. 601, Dec. 27, 2000, 114 Stat.

2850, provided that: "This title [enacting section 9A of the

Classified Information Procedures Act, set out in the Appendix to

Title 18, Crimes and Criminal Procedure, amending sections 402a,

1804, 1805, 1808, 1823, and 1824 of this title, and enacting

provisions set out as notes under this section and section 1806 of

this title] may be cited as the 'Counterintelligence Reform Act of

2000'."

SHORT TITLE

Section 1 of Pub. L. 95-511 provided in part: "That this Act

[enacting this chapter, amending sections 2511, 2518, and 2519 of

Title 18, Crimes and Criminal Procedure, and enacting provisions

set out as a note above] may be cited as the 'Foreign Intelligence

Surveillance Act of 1978'."

SEVERABILITY

Pub. L. 106-567, title VI, Sec. 608, Dec. 27, 2000, 114 Stat.

2856, provided that: "If any provision of this title [see Short

Title of 2000 Amendment note above] (including an amendment made by

this title), or the application thereof, to any person or

circumstance, is held invalid, the remainder of this title

(including the amendments made by this title), and the application

thereof, to other persons or circumstances shall not be affected

thereby."

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 402a, 438, 1802, 1804,

1805, 1810, 1821, 1822, 1823, 1824, 1828, 1841 of this title; title

7 section 8401; title 18 sections 794, 2511; title 22 section

1442a; title 42 sections 262a, 10603b.

-End-

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50 USC Sec. 1802 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-

Sec. 1802. Electronic surveillance authorization without court

order; certification by Attorney General; reports to

Congressional committees; transmittal under seal; duties and

compensation of communication common carrier; applications;

jurisdiction of court

-STATUTE-

(a)(1) Notwithstanding any other law, the President, through the

Attorney General, may authorize electronic surveillance without a

court order under this subchapter to acquire foreign intelligence

information for periods of up to one year if the Attorney General

certifies in writing under oath that -

(A) the electronic surveillance is solely directed at -

(i) the acquisition of the contents of communications

transmitted by means of communications used exclusively between

or among foreign powers, as defined in section 1801(a)(1), (2),

or (3) of this title; or

(ii) the acquisition of technical intelligence, other than

the spoken communications of individuals, from property or

premises under the open and exclusive control of a foreign

power, as defined in section 1801(a)(1), (2), or (3) of this

title;

(B) there is no substantial likelihood that the surveillance

will acquire the contents of any communication to which a United

States person is a party; and

surveillance meet the definition of minimization procedures under

section 1801(h) of this title; and

if the Attorney General reports such minimization procedures and

any changes thereto to the House Permanent Select Committee on

Intelligence and the Senate Select Committee on Intelligence at

least thirty days prior to their effective date, unless the

Attorney General determines immediate action is required and

notifies the committees immediately of such minimization procedures

and the reason for their becoming effective immediately.

(2) An electronic surveillance authorized by this subsection may

be conducted only in accordance with the Attorney General's

certification and the minimization procedures adopted by him. The

Attorney General shall assess compliance with such procedures and

shall report such assessments to the House Permanent Select

Committee on Intelligence and the Senate Select Committee on

Intelligence under the provisions of section 1808(a) of this title.

(3) The Attorney General shall immediately transmit under seal to

the court established under section 1803(a) of this title a copy of

his certification. Such certification shall be maintained under

security measures established by the Chief Justice with the

concurrence of the Attorney General, in consultation with the

Director of Central Intelligence, and shall remain sealed unless -

(A) an application for a court order with respect to the

surveillance is made under sections 1801(h)(4) and 1804 of this

title; or

(B) the certification is necessary to determine the legality of

the surveillance under section 1806(f) of this title.

(4) With respect to electronic surveillance authorized by this

subsection, the Attorney General may direct a specified

communication common carrier to -

(A) furnish all information, facilities, or technical

assistance necessary to accomplish the electronic surveillance in

such a manner as will protect its secrecy and produce a minimum

of interference with the services that such carrier is providing

its customers; and

(B) maintain under security procedures approved by the Attorney

General and the Director of Central Intelligence any records

concerning the surveillance or the aid furnished which such

carrier wishes to retain.

The Government shall compensate, at the prevailing rate, such

carrier for furnishing such aid.

(b) Applications for a court order under this subchapter are

authorized if the President has, by written authorization,

empowered the Attorney General to approve applications to the court

having jurisdiction under section 1803 of this title, and a judge

to whom an application is made may, notwithstanding any other law,

grant an order, in conformity with section 1805 of this title,

approving electronic surveillance of a foreign power or an agent of

a foreign power for the purpose of obtaining foreign intelligence

information, except that the court shall not have jurisdiction to

grant any order approving electronic surveillance directed solely

as described in paragraph (1)(A) of subsection (a) of this section

unless such surveillance may involve the acquisition of

communications of any United States person.

-SOURCE-

(Pub. L. 95-511, title I, Sec. 102, Oct. 25, 1978, 92 Stat. 1786.)

-EXEC-

EX. ORD. NO. 12139. EXERCISE OF CERTAIN AUTHORITY RESPECTING

ELECTRONIC SURVEILLANCE

Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, provided:

By the authority vested in me as President by Sections 102 and

104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

1802 and 1804), in order to provide as set forth in that Act [this

chapter] for the authorization of electronic surveillance for

foreign intelligence purposes, it is hereby ordered as follows:

1-101. Pursuant to Section 102(a)(1) of the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General

is authorized to approve electronic surveillance to acquire foreign

intelligence information without a court order, but only if the

Attorney General makes the certifications required by that Section.

1-102. Pursuant to Section 102(b) of the Foreign Intelligence Act

of 1978 (50 U.S.C. 1802(b)), the Attorney General is authorized to

approve applications to the court having jurisdiction under Section

103 of that Act [50 U.S.C. 1803] to obtain orders for electronic

surveillance for the purpose of obtaining foreign intelligence

information.

1-103. Pursuant to Section 104(a)(7) of the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1804(a)(7)), the following

officials, each of whom is employed in the area of national

security or defense, is designated to make the certifications

required by Section 104(a)(7) of the Act in support of applications

to conduct electronic surveillance:

(a) Secretary of State.

(b) Secretary of Defense.

(d) Director of the Federal Bureau of Investigation.

(e) Deputy Secretary of State.

(f) Deputy Secretary of Defense.

(g) Deputy Director of Central Intelligence.

None of the above officials, nor anyone officially acting in that

capacity, may exercise the authority to make the above

certifications, unless that official has been appointed by the

President with the advice and consent of the Senate.

1-104. Section 2-202 of Executive Order No. 12036 [set out under

section 401 of this title] is amended by inserting the following at

the end of that section: "Any electronic surveillance, as defined

in the Foreign Intelligence Surveillance Act of 1978, shall be

conducted in accordance with that Act as well as this Order.".

1-105. Section 2-203 of Executive Order No. 12036 [set out under

section 401 of this title] is amended by inserting the following at

the end of that section: "Any monitoring which constitutes

electronic surveillance as defined in the Foreign Intelligence

Surveillance Act of 1978 shall be conducted in accordance with that

Act as well as this Order.".

Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1801, 1805 of this title.

-End-

-CITE-

50 USC Sec. 1803 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-

Sec. 1803. Designation of judges

-STATUTE-

(a) Court to hear applications and grant orders; record of denial;

transmittal to court of review

The Chief Justice of the United States shall publicly designate

11 district court judges from seven of the United States judicial

circuits of whom no fewer than 3 shall reside within 20 miles of

the District of Columbia who shall constitute a court which shall

have jurisdiction to hear applications for and grant orders

approving electronic surveillance anywhere within the United States

under the procedures set forth in this chapter, except that no

judge designated under this subsection shall hear the same

application for electronic surveillance under this chapter which

has been denied previously by another judge designated under this

subsection. If any judge so designated denies an application for an

order authorizing electronic surveillance under this chapter, such

judge shall provide immediately for the record a written statement

of each reason of his decision and, on motion of the United States,

the record shall be transmitted, under seal, to the court of review

established in subsection (b) of this section.

(b) Court of review; record, transmittal to Supreme Court

The Chief Justice shall publicly designate three judges, one of

whom shall be publicly designated as the presiding judge, from the

United States district courts or courts of appeals who together

shall comprise a court of review which shall have jurisdiction to

review the denial of any application made under this chapter. If

such court determines that the application was properly denied, the

court shall immediately provide for the record a written statement

of each reason for its decision and, on petition of the United

States for a writ of certiorari, the record shall be transmitted

under seal to the Supreme Court, which shall have jurisdiction to

review such decision.

maintenance of records

Proceedings under this chapter shall be conducted as

expeditiously as possible. The record of proceedings under this

chapter, including applications made and orders granted, shall be

maintained under security measures established by the Chief Justice

in consultation with the Attorney General and the Director of

Central Intelligence.

(d) Tenure

Each judge designated under this section shall so serve for a

maximum of seven years and shall not be eligible for redesignation,

except that the judges first designated under subsection (a) of

this section shall be designated for terms of from one to seven

years so that one term expires each year, and that judges first

designated under subsection (b) of this section shall be designated

for terms of three, five, and seven years.

-SOURCE-

(Pub. L. 95-511, title I, Sec. 103, Oct. 25, 1978, 92 Stat. 1788;

Pub. L. 107-56, title II, Sec. 208, Oct. 26, 2001, 115 Stat. 283.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a), (b), and (c), was in

the original "this Act", meaning Pub. L. 95-511, Oct. 25, 1978, 92

Stat. 1783, as amended, which is classified principally to this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 1801 of this title and

Tables.

-MISC1-

AMENDMENTS

2001 - Subsec. (a). Pub. L. 107-56 substituted "11 district court

judges" for "seven district court judges" and inserted "of whom no

fewer than 3 shall reside within 20 miles of the District of

Columbia" after "judicial circuits".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1802, 1804, 1805, 1821,

1822, 1824, 1842, 1861 of this title; title 8 section 1532.

-End-

-CITE-

50 USC Sec. 1804 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-

Sec. 1804. Applications for court orders

-STATUTE-

(a) Submission by Federal officer; approval of Attorney General;

contents

Each application for an order approving electronic surveillance

under this subchapter shall be made by a Federal officer in writing

upon oath or affirmation to a judge having jurisdiction under

section 1803 of this title. Each application shall require the

approval of the Attorney General based upon his finding that it

satisfies the criteria and requirements of such application as set

forth in this subchapter. It shall include -

(1) the identity of the Federal officer making the application;

(2) the authority conferred on the Attorney General by the

President of the United States and the approval of the Attorney

General to make the application;

(3) the identity, if known, or a description of the target of

the electronic surveillance;

(4) a statement of the facts and circumstances relied upon by

the applicant to justify his belief that -

(A) the target of the electronic surveillance is a foreign

power or an agent of a foreign power; and

(B) each of the facilities or places at which the electronic

surveillance is directed is being used, or is about to be used,

by a foreign power or an agent of a foreign power;

(5) a statement of the proposed minimization procedures;

(6) a detailed description of the nature of the information

sought and the type of communications or activities to be

subjected to the surveillance;

(7) a certification or certifications by the Assistant to the

President for National Security Affairs or an executive branch

official or officials designated by the President from among

those executive officers employed in the area of national

security or defense and appointed by the President with the

advice and consent of the Senate -

(A) that the certifying official deems the information sought

to be foreign intelligence information;

(B) that a significant purpose of the surveillance is to

obtain foreign intelligence information;

normal investigative techniques;

(D) that designates the type of foreign intelligence

information being sought according to the categories described

in section 1801(e) of this title; and

(E) including a statement of the basis for the certification

that -

(i) the information sought is the type of foreign

intelligence information designated; and

(ii) such information cannot reasonably be obtained by

normal investigative techniques;

(8) a statement of the means by which the surveillance will be

effected and a statement whether physical entry is required to

effect the surveillance;

(9) a statement of the facts concerning all previous

applications that have been made to any judge under this

subchapter involving any of the persons, facilities, or places

specified in the application, and the action taken on each

previous application;

(10) a statement of the period of time for which the electronic

surveillance is required to be maintained, and if the nature of

the intelligence gathering is such that the approval of the use

of electronic surveillance under this subchapter should not

automatically terminate when the described type of information

has first been obtained, a description of facts supporting the

belief that additional information of the same type will be

obtained thereafter; and

(11) whenever more than one electronic, mechanical or other

surveillance device is to be used with respect to a particular

proposed electronic surveillance, the coverage of the devices

involved and what minimization procedures apply to information

acquired by each device.

(b) Exclusion of certain information respecting foreign power

targets

Whenever the target of the electronic surveillance is a foreign

power, as defined in section 1801(a)(1), (2), or (3) of this title,

and each of the facilities or places at which the surveillance is

directed is owned, leased, or exclusively used by that foreign

power, the application need not contain the information required by

paragraphs (6), (7)(E), (8), and (11) of subsection (a) of this

section, but shall state whether physical entry is required to

effect the surveillance and shall contain such information about

the surveillance techniques and communications or other information

concerning United States persons likely to be obtained as may be

necessary to assess the proposed minimization procedures.

The Attorney General may require any other affidavit or

certification from any other officer in connection with the

application.

(d) Additional information

The judge may require the applicant to furnish such other

information as may be necessary to make the determinations required

by section 1805 of this title.

(e) Personal review by Attorney General

(1)(A) Upon written request of the Director of the Federal Bureau

of Investigation, the Secretary of Defense, the Secretary of State,

or the Director of Central Intelligence, the Attorney General shall

personally review under subsection (a) of this section an

application under that subsection for a target described in section

1801(b)(2) of this title.

(B) Except when disabled or otherwise unavailable to make a

request referred to in subparagraph (A), an official referred to in

that subparagraph may not delegate the authority to make a request

referred to in that subparagraph.

to make a request under that subparagraph shall take appropriate

actions in advance to ensure that delegation of such authority is

clearly established in the event such official is disabled or

otherwise unavailable to make such request.

(2)(A) If as a result of a request under paragraph (1) the

Attorney General determines not to approve an application under the

second sentence of subsection (a) of this section for purposes of

making the application under this section, the Attorney General

shall provide written notice of the determination to the official

making the request for the review of the application under that

paragraph. Except when disabled or otherwise unavailable to make a

determination under the preceding sentence, the Attorney General

may not delegate the responsibility to make a determination under

that sentence. The Attorney General shall take appropriate actions

in advance to ensure that delegation of such responsibility is

clearly established in the event the Attorney General is disabled

or otherwise unavailable to make such determination.

(B) Notice with respect to an application under subparagraph (A)

shall set forth the modifications, if any, of the application that

are necessary in order for the Attorney General to approve the

application under the second sentence of subsection (a) of this

section for purposes of making the application under this section.

under subparagraph (B), the official notified of the modifications

under this paragraph shall modify the application if such official

determines that such modification is warranted. Such official shall

supervise the making of any modification under this subparagraph.

Except when disabled or otherwise unavailable to supervise the

making of any modification under the preceding sentence, such

official may not delegate the responsibility to supervise the

making of any modification under that preceding sentence. Each such

official shall take appropriate actions in advance to ensure that

delegation of such responsibility is clearly established in the

event such official is disabled or otherwise unavailable to

supervise the making of such modification.

-SOURCE-

(Pub. L. 95-511, title I, Sec. 104, Oct. 25, 1978, 92 Stat. 1788;

Pub. L. 106-567, title VI, Sec. 602(a), Dec. 27, 2000, 114 Stat.

2851; Pub. L. 107-56, title II, Sec. 218, Oct. 26, 2001, 115 Stat.

291.)

-STATAMEND-

AMENDMENT OF SECTION

For termination of amendment by Pub. L. 107-56, see Termination

Date of 2001 Amendment note below.

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(7)(B). Pub. L. 107-56, Secs. 218, 224,

temporarily substituted "a significant purpose" for "the purpose".

See Termination Date of 2001 Amendment note below.

2000 - Subsec. (e). Pub. L. 106-567 added subsec. (e).

TERMINATION DATE OF 2001 AMENDMENT

Amendment by Pub. L. 107-56 to cease to have effect Dec. 31,

2005, except amendment to continue in effect with respect to any

particular foreign intelligence investigation that began before

Dec. 31, 2005, or with respect to any particular offense or

potential offense that began or occurred before Dec. 31, 2005, see

section 224 of Pub. L. 107-56, set out as a note under section 2510

of Title 18, Crimes and Criminal Procedure.

DESIGNATION OF CERTAIN OFFICIALS TO MAKE CERTIFICATIONS

For designation of certain officials to make certifications

required by subsec. (a)(7) of this section, see Ex. Ord. No. 12139,

May 23, 1979, 44 F.R. 30311, set out under section 1802 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1802, 1805, 1806 of this

title.

-End-

-CITE-

50 USC Sec. 1805 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-

Sec. 1805. Issuance of order

-STATUTE-

(a) Necessary findings

Upon an application made pursuant to section 1804 of this title,

the judge shall enter an ex parte order as requested or as modified

approving the electronic surveillance if he finds that -

(1) the President has authorized the Attorney General to

approve applications for electronic surveillance for foreign

intelligence information;

(2) the application has been made by a Federal officer and

approved by the Attorney General;

(3) on the basis of the facts submitted by the applicant there

is probable cause to believe that -

(A) the target of the electronic surveillance is a foreign

power or an agent of a foreign power: Provided, That no United

States person may be considered a foreign power or an agent of

a foreign power solely upon the basis of activities protected

by the first amendment to the Constitution of the United

States; and

(B) each of the facilities or places at which the electronic

surveillance is directed is being used, or is about to be used,

by a foreign power or an agent of a foreign power;

(4) the proposed minimization procedures meet the definition of

minimization procedures under section 1804(h) of this title; and

(5) the application which has been filed contains all

statements and certifications required by section 1804 of this

title and, if the target is a United States person, the

certification or certifications are not clearly erroneous on the

basis of the statement made under section 1804(a)(7)(E) of this

title and any other information furnished under section 1804(d)

of this title.

(b) Determination of probable cause

In determining whether or not probable cause exists for purposes

of an order under subsection (a)(3) of this section, a judge may

consider past activities of the target, as well as facts and

circumstances relating to current or future activities of the

target.

An order approving an electronic surveillance under this section

shall -

(1) specify -

(A) the identity, if known, or a description of the target of

the electronic surveillance;

(B) the nature and location of each of the facilities or

places at which the electronic surveillance will be directed,

if known;

type of communications or activities to be subjected to the

surveillance;

(D) the means by which the electronic surveillance will be

effected and whether physical entry will be used to effect the

surveillance;

(E) the period of time during which the electronic

surveillance is approved; and

(F) whenever more than one electronic, mechanical, or other

surveillance device is to be used under the order, the

authorized coverage of the devices involved and what

minimization procedures shall apply to information subject to

acquisition by each device; and

(2) direct -

(A) that the minimization procedures be followed;

(B) that, upon the request of the applicant, a specified

communication or other common carrier, landlord, custodian, or

other specified person, or in circumstances where the Court

finds that the actions of the target of the application may

have the effect of thwarting the identification of a specified

person, such other persons, furnish the applicant forthwith all

information, facilities, or technical assistance necessary to

accomplish the electronic surveillance in such a manner as will

protect its secrecy and produce a minimum of interference with

the services that such carrier, landlord, custodian, or other

person is providing that target of electronic surveillance;

maintain under security procedures approved by the Attorney

General and the Director of Central Intelligence any records

concerning the surveillance or the aid furnished that such

person wishes to retain; and

(D) that the applicant compensate, at the prevailing rate,

such carrier, landlord, custodian, or other person for

furnishing such aid.

(d) Exclusion of certain information respecting foreign power

targets

Whenever the target of the electronic surveillance is a foreign

power, as defined in section 1801(a)(1), (2), or (3) of this title,

and each of the facilities or places at which the surveillance is

directed is owned, leased, or exclusively used by that foreign

power, the order need not contain the information required by

subparagraphs (C), (D), and (F) of subsection (c)(1) of this

section, but shall generally describe the information sought, the

communications or activities to be subjected to the surveillance,

and the type of electronic surveillance involved, including whether

physical entry is required.

(e) Duration of order; extensions; review of circumstances under

which information was acquired, retained or disseminated

(1) An order issued under this section may approve an electronic

surveillance for the period necessary to achieve its purpose, or

for ninety days, whichever is less, except that (A) an order under

this section shall approve an electronic surveillance targeted

against a foreign power, as defined in section 1801(a)(1), (2), or

(3) of this title, for the period specified in the application or

for one year, whichever is less, and (B) an order under this

chapter for a surveillance targeted against an agent of a foreign

power, as defined in section 1801(b)(1)(A) of this title may be for

the period specified in the application or for 120 days, whichever

is less.

(2) Extensions of an order issued under this subchapter may be

granted on the same basis as an original order upon an application

for an extension and new findings made in the same manner as

required for an original order, except that (A) an extension of an

order under this chapter for a surveillance targeted against a

foreign power, as defined in section 1801(a)(5) or (6) of this

title, or against a foreign power as defined in section 1801(a)(4)

of this title that is not a United States person, may be for a

period not to exceed one year if the judge finds probable cause to

believe that no communication of any individual United States

person will be acquired during the period, and (B) an extension of

an order under this chapter for a surveillance targeted against an

agent of a foreign power as defined in section 1801(b)(1)(A) of

this title may be for a period not to exceed 1 year.

(3) At or before the end of the period of time for which

electronic surveillance is approved by an order or an extension,

the judge may assess compliance with the minimization procedures by

reviewing the circumstances under which information concerning

United States persons was acquired, retained, or disseminated.

(f) Emergency orders

Notwithstanding any other provision of this subchapter, when the

Attorney General reasonably determines that -

(1) an emergency situation exists with respect to the

employment of electronic surveillance to obtain foreign

intelligence information before an order authorizing such

surveillance can with due diligence be obtained; and

(2) the factual basis for issuance of an order under this

subchapter to approve such surveillance exists;

he may authorize the emergency employment of electronic

surveillance if a judge having jurisdiction under section 1803 of

this title is informed by the Attorney General or his designee at

the time of such authorization that the decision has been made to

employ emergency electronic surveillance and if an application in

accordance with this subchapter is made to that judge as soon as

practicable, but not more than 72 hours after the Attorney General

authorizes such surveillance. If the Attorney General authorizes

such emergency employment of electronic surveillance, he shall

require that the minimization procedures required by this

subchapter for the issuance of a judicial order be followed. In the

absence of a judicial order approving such electronic surveillance,

the surveillance shall terminate when the information sought is

obtained, when the application for the order is denied, or after

the expiration of 72 hours from the time of authorization by the

Attorney General, whichever is earliest. In the event that such

application for approval is denied, or in any other case where the

electronic surveillance is terminated and no order is issued

approving the surveillance, no information obtained or evidence

derived from such surveillance shall be received in evidence or

otherwise disclosed in any trial, hearing, or other proceeding in

or before any court, grand jury, department, office, agency,

regulatory body, legislative committee, or other authority of the

United States, a State, or political subdivision thereof, and no

information concerning any United States person acquired from such

surveillance shall subsequently be used or disclosed in any other

manner by Federal officers or employees without the consent of such

person, except with the approval of the Attorney General if the

information indicates a threat of death or serious bodily harm to

any person. A denial of the application made under this subsection

may be reviewed as provided in section 1803 of this title.

(g) Testing of electronic equipment; discovering unauthorized

electronic surveillance; training of intelligence personnel

Notwithstanding any other provision of this subchapter, officers,

employees, or agents of the United States are authorized in the

normal course of their official duties to conduct electronic

surveillance not targeted against the communications of any

particular person or persons, under procedures approved by the

Attorney General, solely to -

(1) test the capability of electronic equipment, if -

(A) it is not reasonable to obtain the consent of the persons

incidentally subjected to the surveillance;

(B) the test is limited in extent and duration to that

necessary to determine the capability of the equipment;

and used only for the purpose of determining the capability of

the equipment, are disclosed only to test personnel, and are

destroyed before or immediately upon completion of the test;

and:

(D) Provided, That the test may exceed ninety days only with

the prior approval of the Attorney General;

(2) determine the existence and capability of electronic

surveillance equipment being used by persons not authorized to

conduct electronic surveillance, if -

(A) it is not reasonable to obtain the consent of persons

incidentally subjected to the surveillance;

(B) such electronic surveillance is limited in extent and

duration to that necessary to determine the existence and

capability of such equipment; and

only to enforce chapter 119 of title 18, or section 605 of

title 47, or to protect information from unauthorized

surveillance; or

(3) train intelligence personnel in the use of electronic

surveillance equipment, if -

(A) it is not reasonable to -

(i) obtain the consent of the persons incidentally

subjected to the surveillance;

(ii) train persons in the course of surveillances otherwise

authorized by this subchapter; or

(iii) train persons in the use of such equipment without

engaging in electronic surveillance;

(B) such electronic surveillance is limited in extent and

duration to that necessary to train the personnel in the use of

the equipment; and

disseminated for any purpose, but are destroyed as soon as

reasonably possible.

(h) Retention of certifications, applications and orders

Certifications made by the Attorney General pursuant to section

1802(a) of this title and applications made and orders granted

under this subchapter shall be retained for a period of at least

ten years from the date of the certification or application.

(i) Bar to legal action

No cause of action shall lie in any court against any provider of

a wire or electronic communication service, landlord, custodian, or

other person (including any officer, employee, agent, or other

specified person thereof) that furnishes any information,

facilities, or technical assistance in accordance with a court

order or request for emergency assistance under this chapter for

electronic surveillance or physical search.

-SOURCE-

(Pub. L. 95-511, title I, Sec. 105, Oct. 25, 1978, 92 Stat. 1790;

Pub. L. 98-549, Sec. 6(b)(3), Oct. 30, 1984, 98 Stat. 2804; Pub. L.

106-567, title VI, Sec. 602(b), Dec. 27, 2000, 114 Stat. 2851; Pub.

L. 107-56, title II, Secs. 206, 207(a)(1), (b)(1), 225, Oct. 26,

2001, 115 Stat. 282, 295; Pub. L. 107-108, title III, Sec.

314(a)(2), (c)(1), Dec. 28, 2001, 115 Stat. 1402, 1403; Pub. L.

107-273, div. B, title IV, Sec. 4005(c), Nov. 2, 2002, 116 Stat.

1812.)

-STATAMEND-

AMENDMENT OF SECTION

For termination of amendment by Pub. L. 107-56, see Effective and

Termination Dates of 2001 Amendments note below.

-COD-

CODIFICATION

As originally enacted, Pub. L. 107-56, Sec. 225, temporarily

amended this section by adding subsec. (h) relating to bar of legal

action after subsec. (g). The section already contained a subsec.

(h). Both Pub. L. 107-108, Sec. 314(a)(2)(C), and Pub. L. 107-273,

Sec. 4005(c), made amendments retroactive to the date of enactment

of Pub. L. 107-56 which had the effect of redesignating subsec.

(h), relating to bar of legal action, as subsec. (i) and

transferring it to appear at the end of this section. See 2001

Amendment notes, Effective Date of 2002 Amendment note, and

Effective and Termination Dates of 2001 Amendments notes below.

-MISC1-

AMENDMENTS

2002 - Subsec. (i). Pub. L. 107-273 amended Pub. L. 107-56, Sec.

225. See 2001 Amendment notes below.

2001 - Subsec. (c)(1)(B). Pub. L. 107-108, Sec. 314(a)(2)(A),

inserted ", if known" before semicolon at end.

Subsec. (c)(2)(B). Pub. L. 107-56, Secs. 206, 224, temporarily

inserted ", or in circumstances where the Court finds that the

actions of the target of the application may have the effect of

thwarting the identification of a specified person, such other

persons," after "specified person". See Effective and Termination

Dates of 2001 Amendments note below.

Subsec. (e)(1). Pub. L. 107-56, Secs. 207(a)(1), 224, temporarily

inserted "(A)" after "except that" and ", and (B) an order under

this chapter for a surveillance targeted against an agent of a

foreign power, as defined in section 1801(b)(1)(A) of this title

may be for the period specified in the application or for 120 days,

whichever is less" before period at end. See Effective and

Termination Dates of 2001 Amendments note below.

Subsec. (e)(2). Pub. L. 107-56, Secs. 207(b)(1), 224, as amended

by Pub. L. 107-108, Sec. 314(c)(1), inserted "(A)" after "except

that" and ", and (B) an extension of an order under this chapter

for a surveillance targeted against an agent of a foreign power as

defined in section 1801(b)(1)(A) of this title may be for a period

not to exceed 1 year" before period at end. See Effective and

Termination Dates of 2001 Amendments note below.

Subsec. (f). Pub. L. 107-108, Sec. 314(a)(2)(B), substituted "72

hours" for "twenty-four hours" in two places in concluding

provisions.

Subsec. (h). Pub. L. 107-108, Sec. 314(a)(2)(C), transferred

subsec. (h) added by section 225 of Pub. L. 107-56 to appear after

the subsec. (h) redesignated by section 602(b)(2) of Pub. L.

106-567, and redesignated the transferred subsec. (h) as subsec.

(i). See Codification note above.

Subsec. (i). Pub. L. 107-108, Sec. 314(a)(2)(D), inserted "for

electronic surveillance or physical search" before period at end.

Pub. L. 107-108, Sec. 314(a)(2)(C), transferred subsec. (h) added

by section 225 of Pub. L. 107-56 to appear after the subsec. (h)

redesignated by section 602(b)(2) of Pub. L. 106-567, and

redesignated the transferred subsec. (h) as subsec. (i). See

Codification note above.

Pub. L. 107-56, Secs. 224, 225, as amended by Pub. L. 107-273,

Sec. 4005(c), temporarily added subsec. (i) relating to bar of

legal action. See Effective and Termination Dates of 2001

Amendments note below.

2000 - Subsecs. (b), (c). Pub. L. 106-567, Sec. 602(b)(1), (2),

added subsec. (b) and redesignated former subsec. (b) as (c).

Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 106-567, Sec. 602(b)(1), (3), redesignated

subsec. (c) as (d) and substituted "subsection (c)(1)" for

"subsection (b)(1)". Former subsec. (d) redesignated (e).

Subsecs. (e) to (h). Pub. L. 106-567, Sec. 602(b)(1),

redesignated subsecs. (d) to (g) as (e) to (h), respectively.

1984 - Subsec. (f)(2)(C). Pub. L. 98-549 substituted "section

705" for "section 605" in the original to accommodate renumbering

of sections in subchapter VI (section 601 et seq.) of chapter 5 of

Title 47, Telegraphs, Telephones, and Radiotelegraphs, by section

6(a) of Pub. L. 98-549. Because both sections translate as "section

605 of Title 47", the amendment by Pub. L. 98-549 resulted in no

change in text.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-273, div. B, title IV, Sec. 4005(c), Nov. 2, 2002,

116 Stat. 1812, provided that the amendment made by section 4005(c)

is effective Oct. 26, 2001.

EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENTS

Pub. L. 107-108, title III, Sec. 314(c), Dec. 28, 2001, 115 Stat.

1402, provided in part that the amendment made by section 314(c)(1)

of Pub. L. 107-108 is effective as of Oct. 26, 2001, and as if

included in Pub. L. 107-56 as originally enacted.

Amendment by Pub. L. 107-56 to cease to have effect Dec. 31,

2005, except amendment to continue in effect with respect to any

particular foreign intelligence investigation that began before

Dec. 31, 2005, or with respect to any particular offense or

potential offense that began or occurred before Dec. 31, 2005, see

section 224 of Pub. L. 107-56, set out as a Termination of 2001

Amendment note under section 2510 of Title 18, Crimes and Criminal

Procedure.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-549 effective 60 days after Oct. 30,

1984, except where otherwise expressly provided, see section 9(a)

of Pub. L. 98-549, set out as a note under section 521 of Title 47,

Telegraphs, Telephones, and Radiotelegraphs.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1801, 1802, 1804, 1806,

1842 of this title; title 47 section 1002.

-End-

-CITE-

50 USC Sec. 1806 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-

Sec. 1806. Use of information

-STATUTE-

(a) Compliance with minimization procedures; privileged

communications; lawful purposes

Information acquired from an electronic surveillance conducted

pursuant to this subchapter concerning any United States person may

be used and disclosed by Federal officers and employees without the

consent of the United States person only in accordance with the

minimization procedures required by this subchapter. No otherwise

privileged communication obtained in accordance with, or in

violation of, the provisions of this subchapter shall lose its

privileged character. No information acquired from an electronic

surveillance pursuant to this subchapter may be used or disclosed

by Federal officers or employees except for lawful purposes.

(b) Statement for disclosure

No information acquired pursuant to this subchapter shall be

disclosed for law enforcement purposes unless such disclosure is

accompanied by a statement that such information, or any

information derived therefrom, may only be used in a criminal

proceeding with the advance authorization of the Attorney General.

Whenever the Government intends to enter into evidence or

otherwise use or disclose in any trial, hearing, or other

proceeding in or before any court, department, officer, agency,

regulatory body, or other authority of the United States, against

an aggrieved person, any information obtained or derived from an

electronic surveillance of that aggrieved person pursuant to the

authority of this subchapter, the Government shall, prior to the

trial, hearing, or other proceeding or at a reasonable time prior

to an effort to so disclose or so use that information or submit it

in evidence, notify the aggrieved person and the court or other

authority in which the information is to be disclosed or used that

the Government intends to so disclose or so use such information.

(d) Notification by States or political subdivisions

Whenever any State or political subdivision thereof intends to

enter into evidence or otherwise use or disclose in any trial,

hearing, or other proceeding in or before any court, department,

officer, agency, regulatory body, or other authority of a State or

a political subdivision thereof, against an aggrieved person any

information obtained or derived from an electronic surveillance of

that aggrieved person pursuant to the authority of this subchapter,

the State or political subdivision thereof shall notify the

aggrieved person, the court or other authority in which the

information is to be disclosed or used, and the Attorney General

that the State or political subdivision thereof intends to so

disclose or so use such information.

(e) Motion to suppress

Any person against whom evidence obtained or derived from an

electronic surveillance to which he is an aggrieved person is to

be, or has been, introduced or otherwise used or disclosed in any

trial, hearing, or other proceeding in or before any court,

department, officer, agency, regulatory body, or other authority of

the United States, a State, or a political subdivision thereof, may

move to suppress the evidence obtained or derived from such

electronic surveillance on the grounds that -

(1) the information was unlawfully acquired; or

(2) the surveillance was not made in conformity with an order

of authorization or approval.

Such a motion shall be made before the trial, hearing, or other

proceeding unless there was no opportunity to make such a motion or

the person was not aware of the grounds of the motion.

(f) In camera and ex parte review by district court

Whenever a court or other authority is notified pursuant to

subsection (c) or (d) of this section, or whenever a motion is made

pursuant to subsection (e) of this section, or whenever any motion

or request is made by an aggrieved person pursuant to any other

statute or rule of the United States or any State before any court

or other authority of the United States or any State to discover or

obtain applications or orders or other materials relating to

electronic surveillance or to discover, obtain, or suppress

evidence or information obtained or derived from electronic

surveillance under this chapter, the United States district court

or, where the motion is made before another authority, the United

States district court in the same district as the authority, shall,

notwithstanding any other law, if the Attorney General files an

affidavit under oath that disclosure or an adversary hearing would

harm the national security of the United States, review in camera

and ex parte the application, order, and such other materials

relating to the surveillance as may be necessary to determine

whether the surveillance of the aggrieved person was lawfully

authorized and conducted. In making this determination, the court

may disclose to the aggrieved person, under appropriate security

procedures and protective orders, portions of the application,

order, or other materials relating to the surveillance only where

such disclosure is necessary to make an accurate determination of

the legality of the surveillance.

(g) Suppression of evidence; denial of motion

If the United States district court pursuant to subsection (f) of

this section determines that the surveillance was not lawfully

authorized or conducted, it shall, in accordance with the

requirements of law, suppress the evidence which was unlawfully

obtained or derived from electronic surveillance of the aggrieved

person or otherwise grant the motion of the aggrieved person. If

the court determines that the surveillance was lawfully authorized

and conducted, it shall deny the motion of the aggrieved person

except to the extent that due process requires discovery or

disclosure.

(h) Finality of orders

Orders granting motions or requests under subsection (g) of this

section, decisions under this section that electronic surveillance

was not lawfully authorized or conducted, and orders of the United

States district court requiring review or granting disclosure of

applications, orders, or other materials relating to a surveillance

shall be final orders and binding upon all courts of the United

States and the several States except a United States court of

appeals and the Supreme Court.

(i) Destruction of unintentionally acquired information

In circumstances involving the unintentional acquisition by an

electronic, mechanical, or other surveillance device of the

contents of any radio communication, under circumstances in which a

person has a reasonable expectation of privacy and a warrant would

be required for law enforcement purposes, and if both the sender

and all intended recipients are located within the United States,

such contents shall be destroyed upon recognition, unless the

Attorney General determines that the contents indicate a threat of

death or serious bodily harm to any person.

(j) Notification of emergency employment of electronic

surveillance; contents; postponement, suspension or elimination

If an emergency employment of electronic surveillance is

authorized under section 1805(e) (!1) of this title and a

subsequent order approving the surveillance is not obtained, the

judge shall cause to be served on any United States person named in

the application and on such other United States persons subject to

electronic surveillance as the judge may determine in his

discretion it is in the interest of justice to serve, notice of -

(1) the fact of the application;

(2) the period of the surveillance; and

(3) the fact that during the period information was or was not

obtained.

On an ex parte showing of good cause to the judge the serving of

the notice required by this subsection may be postponed or

suspended for a period not to exceed ninety days. Thereafter, on a

further ex parte showing of good cause, the court shall forego

ordering the serving of the notice required under this subsection.

(k) Coordination with law enforcement on national security matters

(1) Federal officers who conduct electronic surveillance to

acquire foreign intelligence information under this subchapter may

consult with Federal law enforcement officers or law enforcement

personnel of a State or political subdivision of a State (including

the chief executive officer of that State or political subdivision

who has the authority to appoint or direct the chief law

enforcement officer of that State or political subdivision) to

coordinate efforts to investigate or protect against -

(A) actual or potential attack or other grave hostile acts of a

foreign power or an agent of a foreign power;

(B) sabotage or international terrorism by a foreign power or

an agent of a foreign power; or

service or network of a foreign power or by an agent of a foreign

power.

(2) Coordination authorized under paragraph (1) shall not

preclude the certification required by section 1804(a)(7)(B) of

this title or the entry of an order under section 1805 of this

title.

-SOURCE-

(Pub. L. 95-511, title I, Sec. 106, Oct. 25, 1978, 92 Stat. 1793;

Pub. L. 107-56, title V, Sec. 504(a), Oct. 26, 2001, 115 Stat. 364;

Pub. L. 107-296, title VIII, Sec. 898, Nov. 25, 2002, 116 Stat.

2258.)

-REFTEXT-

REFERENCES IN TEXT

Section 1805(e) of this title, referred to in subsec. (j), was

redesignated section 1805(f) of this title by Pub. L. 106-567,

title VI, Sec. 602(b)(1), Dec. 27, 2000, 114 Stat. 2851.

-MISC1-

AMENDMENTS

2002 - Subsec. (k)(1). Pub. L. 107-296, in introductory

provisions, inserted "or law enforcement personnel of a State or

political subdivision of a State (including the chief executive

officer of that State or political subdivision who has the

authority to appoint or direct the chief law enforcement officer of

that State or political subdivision)" after "law enforcement

officers".

2001 - Subsec. (k). Pub. L. 107-56 added subsec. (k).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

REPORT ON MECHANISMS FOR DETERMINATIONS OF DISCLOSURE OF

INFORMATION FOR LAW ENFORCEMENT PURPOSES

Pub. L. 106-567, title VI, Sec. 604(b), Dec. 27, 2000, 114 Stat.

2853, provided that:

"(1) The Attorney General shall submit to the appropriate

committees of Congress a report on the authorities and procedures

utilized by the Department of Justice for determining whether or

not to disclose information acquired under the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) for law

enforcement purposes.

"(2) In this subsection, the term 'appropriate committees of

Congress' means the following:

"(A) The Select Committee on Intelligence and the Committee on

the Judiciary of the Senate.

"(B) The Permanent Select Committee on Intelligence and the

Committee on the Judiciary of the House of Representatives."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1802 of this title; title

8 section 1534; title 18 section 2712.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 1807 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-

Sec. 1807. Report to Administrative Office of the United States

Court and to Congress

-STATUTE-

In April of each year, the Attorney General shall transmit to the

Administrative Office of the United States Court and to Congress a

report setting forth with respect to the preceding calendar year -

(a) the total number of applications made for orders and

extensions of orders approving electronic surveillance under this

subchapter; and

(b) the total number of such orders and extensions either

granted, modified, or denied.

-SOURCE-

(Pub. L. 95-511, title I, Sec. 107, Oct. 25, 1978, 92 Stat. 1795.)

-End-

-CITE-

50 USC Sec. 1808 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-

Sec. 1808. Report of Attorney General to Congressional committees;

limitation on authority or responsibility of information

gathering activities of Congressional committees; report of

Congressional committees to Congress

-STATUTE-

(a)(1) On a semiannual basis the Attorney General shall fully

inform the House Permanent Select Committee on Intelligence and the

Senate Select Committee on Intelligence concerning all electronic

surveillance under this subchapter. Nothing in this subchapter

shall be deemed to limit the authority and responsibility of the

appropriate committees of each House of Congress to obtain such

information as they may need to carry out their respective

functions and duties.

(2) Each report under the first sentence of paragraph (1) shall

include a description of -

(A) each criminal case in which information acquired under this

chapter has been passed for law enforcement purposes during the

period covered by such report; and

(B) each criminal case in which information acquired under this

chapter has been authorized for use at trial during such

reporting period.

(b) On or before one year after October 25, 1978, and on the same

day each year for four years thereafter, the Permanent Select

Committee on Intelligence and the Senate Select Committee on

Intelligence shall report respectively to the House of

Representatives and the Senate, concerning the implementation of

this chapter. Said reports shall include but not be limited to an

analysis and recommendations concerning whether this chapter should

be (1) amended, (2) repealed, or (3) permitted to continue in

effect without amendment.

-SOURCE-

(Pub. L. 95-511, title I, Sec. 108, Oct. 25, 1978, 92 Stat. 1795;

Pub. L. 106-567, title VI, Sec. 604(a), Dec. 27, 2000, 114 Stat.

2853.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-567 designated existing

provisions as par. (1) and added par. (2).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1802, 1842 of this title.

-End-

-CITE-

50 USC Sec. 1809 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-

Sec. 1809. Criminal sanctions

-STATUTE-

(a) Prohibited activities

A person is guilty of an offense if he intentionally -

(1) engages in electronic surveillance under color of law

except as authorized by statute; or

(2) discloses or uses information obtained under color of law

by electronic surveillance, knowing or having reason to know that

the information was obtained through electronic surveillance not

authorized by statute.

(b) Defense

It is a defense to a prosecution under subsection (a) of this

section that the defendant was a law enforcement or investigative

officer engaged in the course of his official duties and the

electronic surveillance was authorized by and conducted pursuant to

a search warrant or court order of a court of competent

jurisdiction.

An offense described in this section is punishable by a fine of

not more than $10,000 or imprisonment for not more than five years,

or both.

(d) Federal jurisdiction

There is Federal jurisdiction over an offense under this section

if the person committing the offense was an officer or employee of

the United States at the time the offense was committed.

-SOURCE-

(Pub. L. 95-511, title I, Sec. 109, Oct. 25, 1978, 92 Stat. 1796.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1810 of this title.

-End-

-CITE-

50 USC Sec. 1810 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-

Sec. 1810. Civil liability

-STATUTE-

An aggrieved person, other than a foreign power or an agent of a

foreign power, as defined in section 1801(a) or (b)(1)(A) of this

title, respectively, who has been subjected to an electronic

surveillance or about whom information obtained by electronic

surveillance of such person has been disclosed or used in violation

of section 1809 of this title shall have a cause of action against

any person who committed such violation and shall be entitled to

recover -

(a) actual damages, but not less than liquidated damages of

$1,000 or $100 per day for each day of violation, whichever is

greater;

(b) punitive damages; and

litigation costs reasonably incurred.

-SOURCE-

(Pub. L. 95-511, title I, Sec. 110, Oct. 25, 1978, 92 Stat. 1796.)

-End-

-CITE-

50 USC Sec. 1811 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER I - ELECTRONIC SURVEILLANCE

-HEAD-

Sec. 1811. Authorization during time of war

-STATUTE-

Notwithstanding any other law, the President, through the

Attorney General, may authorize electronic surveillance without a

court order under this subchapter to acquire foreign intelligence

information for a period not to exceed fifteen calendar days

following a declaration of war by the Congress.

-SOURCE-

(Pub. L. 95-511, title I, Sec. 111, Oct. 25, 1978, 92 Stat. 1796.)

-End-

-CITE-

50 USC SUBCHAPTER II - PHYSICAL SEARCHES 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-

SUBCHAPTER II - PHYSICAL SEARCHES

-End-

-CITE-

50 USC Sec. 1821 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-

Sec. 1821. Definitions

-STATUTE-

As used in this subchapter:

(1) The terms "foreign power", "agent of a foreign power",

"international terrorism", "sabotage", "foreign intelligence

information", "Attorney General", "United States person", "United

States", "person", and "State" shall have the same meanings as in

section 1801 of this title, except as specifically provided by

this subchapter.

(2) "Aggrieved person" means a person whose premises, property,

information, or material is the target of physical search or any

other person whose premises, property, information, or material

was subject to physical search.

(3) "Foreign Intelligence Surveillance Court" means the court

established by section 1803(a) of this title.

(4) "Minimization procedures" with respect to physical search,

means -

(A) specific procedures, which shall be adopted by the

Attorney General, that are reasonably designed in light of the

purposes and technique of the particular physical search, to

minimize the acquisition and retention, and prohibit the

dissemination, of nonpublicly available information concerning

unconsenting United States persons consistent with the need of

the United States to obtain, produce, and disseminate foreign

intelligence information;

(B) procedures that require that nonpublicly available

information, which is not foreign intelligence information, as

defined in section 1801(e)(1) of this title, shall not be

disseminated in a manner that identifies any United States

person, without such person's consent, unless such person's

identity is necessary to understand such foreign intelligence

information or assess its importance;

that allow for the retention and dissemination of information

that is evidence of a crime which has been, is being, or is

about to be committed and that is to be retained or

disseminated for law enforcement purposes; and

(D) notwithstanding subparagraphs (A), (B), and (C), with

respect to any physical search approved pursuant to section

1822(a) of this title, procedures that require that no

information, material, or property of a United States person

shall be disclosed, disseminated, or used for any purpose or

retained for longer than 72 hours unless a court order under

section 1824 of this title is obtained or unless the Attorney

General determines that the information indicates a threat of

death or serious bodily harm to any person.

(5) "Physical search" means any physical intrusion within the

United States into premises or property (including examination of

the interior of property by technical means) that is intended to

result in a seizure, reproduction, inspection, or alteration of

information, material, or property, under circumstances in which

a person has a reasonable expectation of privacy and a warrant

would be required for law enforcement purposes, but does not

include (A) "electronic surveillance", as defined in section

1801(f) of this title, or (B) the acquisition by the United

States Government of foreign intelligence information from

international or foreign communications, or foreign intelligence

activities conducted in accordance with otherwise applicable

Federal law involving a foreign electronic communications system,

utilizing a means other than electronic surveillance as defined

in section 1801(f) of this title.

-SOURCE-

(Pub. L. 95-511, title III, Sec. 301, as added Pub. L. 103-359,

title VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3443; amended

Pub. L. 107-108, title III, Sec. 314(a)(3), Dec. 28, 2001, 115

Stat. 1402.)

-MISC1-

PRIOR PROVISIONS

A prior section 301 of Pub. L. 95-511 was renumbered section 601

and is set out as a note under section 1801 of this title.

AMENDMENTS

2001 - Par. (4)(D). Pub. L. 107-108 substituted "72 hours" for

"24 hours".

EFFECTIVE DATE

Section 807(c) of Pub. L. 103-359 provided that: "The amendments

made by subsections (a) and (b) [enacting this subchapter and

amending provisions set out as a note under section 1801 of this

title] shall take effect 90 days after the date of enactment of

this Act [Oct. 14, 1994], except that any physical search approved

by the Attorney General of the United States to gather foreign

intelligence information shall not be deemed unlawful for failure

to follow the procedures of title III of the Foreign Intelligence

Surveillance Act of 1978 [this subchapter] (as added by this Act),

if that search is conducted within 180 days after the date of

enactment of this Act pursuant to regulations issued by the

Attorney General, which were in the possession of the Select

Committee on Intelligence of the Senate and the Permanent Select

Committee on Intelligence of the House of Representatives before

the date of enactment of this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1822 of this title.

-End-

-CITE-

50 USC Sec. 1822 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-

Sec. 1822. Authorization of physical searches for foreign

intelligence purposes

-STATUTE-

(a) Presidential authorization

(1) Notwithstanding any other provision of law, the President,

acting through the Attorney General, may authorize physical

searches without a court order under this subchapter to acquire

foreign intelligence information for periods of up to one year if -

(A) the Attorney General certifies in writing under oath that -

(i) the physical search is solely directed at premises,

information, material, or property used exclusively by, or

under the open and exclusive control of, a foreign power or

powers (as defined in section 1801(a)(1), (2), or (3) of this

title);

(ii) there is no substantial likelihood that the physical

search will involve the premises, information, material, or

property of a United States person; and

(iii) the proposed minimization procedures with respect to

such physical search meet the definition of minimization

procedures under paragraphs (1) through (4) (!1) of section

1821(4) of this title; and

(B) the Attorney General reports such minimization procedures

and any changes thereto to the Permanent Select Committee on

Intelligence of the House of Representatives and the Select

Committee on Intelligence of the Senate at least 30 days before

their effective date, unless the Attorney General determines that

immediate action is required and notifies the committees

immediately of such minimization procedures and the reason for

their becoming effective immediately.

(2) A physical search authorized by this subsection may be

conducted only in accordance with the certification and

minimization procedures adopted by the Attorney General. The

Attorney General shall assess compliance with such procedures and

shall report such assessments to the Permanent Select Committee on

Intelligence of the House of Representatives and the Select

Committee on Intelligence of the Senate under the provisions of

section 1826 of this title.

(3) The Attorney General shall immediately transmit under seal to

the Foreign Intelligence Surveillance Court a copy of the

certification. Such certification shall be maintained under

security measures established by the Chief Justice of the United

States with the concurrence of the Attorney General, in

consultation with the Director of Central Intelligence, and shall

remain sealed unless -

(A) an application for a court order with respect to the

physical search is made under section 1821(4) of this title and

section 1823 of this title; or

(B) the certification is necessary to determine the legality of

the physical search under section 1825(g) of this title.

(4)(A) With respect to physical searches authorized by this

subsection, the Attorney General may direct a specified landlord,

custodian, or other specified person to -

(i) furnish all information, facilities, or assistance

necessary to accomplish the physical search in such a manner as

will protect its secrecy and produce a minimum of interference

with the services that such landlord, custodian, or other person

is providing the target of the physical search; and

(ii) maintain under security procedures approved by the

Attorney General and the Director of Central Intelligence any

records concerning the search or the aid furnished that such

person wishes to retain.

(B) The Government shall compensate, at the prevailing rate, such

landlord, custodian, or other person for furnishing such aid.

(b) Application for order; authorization

Applications for a court order under this subchapter are

authorized if the President has, by written authorization,

empowered the Attorney General to approve applications to the

Foreign Intelligence Surveillance Court. Notwithstanding any other

provision of law, a judge of the court to whom application is made

may grant an order in accordance with section 1824 of this title

approving a physical search in the United States of the premises,

property, information, or material of a foreign power or an agent

of a foreign power for the purpose of collecting foreign

intelligence information.

The Foreign Intelligence Surveillance Court shall have

jurisdiction to hear applications for and grant orders approving a

physical search for the purpose of obtaining foreign intelligence

information anywhere within the United States under the procedures

set forth in this subchapter, except that no judge shall hear the

same application which has been denied previously by another judge

designated under section 1803(a) of this title. If any judge so

designated denies an application for an order authorizing a

physical search under this subchapter, such judge shall provide

immediately for the record a written statement of each reason for

such decision and, on motion of the United States, the record shall

be transmitted, under seal, to the court of review established

under section 1803(b) of this title.

(d) Court of review; record; transmittal to Supreme Court

The court of review established under section 1803(b) of this

title shall have jurisdiction to review the denial of any

application made under this subchapter. If such court determines

that the application was properly denied, the court shall

immediately provide for the record a written statement of each

reason for its decision and, on petition of the United States for a

writ of certiorari, the record shall be transmitted under seal to

the Supreme Court, which shall have jurisdiction to review such

decision.

(e) Expeditious conduct of proceedings; security measures for

maintenance of records

Judicial proceedings under this subchapter shall be concluded as

expeditiously as possible. The record of proceedings under this

subchapter, including applications made and orders granted, shall

be maintained under security measures established by the Chief

Justice of the United States in consultation with the Attorney

General and the Director of Central Intelligence.

-SOURCE-

(Pub. L. 95-511, title III, Sec. 302, as added Pub. L. 103-359,

title VIII, Sec. 807(a)(3), Oct. 14, 1994, 108 Stat. 3444.)

-EXEC-

EX. ORD. NO. 12949. FOREIGN INTELLIGENCE PHYSICAL SEARCHES

Ex. Ord. No. 12949, Feb. 9, 1995, 60 F.R. 8169, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States, including sections 302 and 303

of the Foreign Intelligence Surveillance Act of 1978 ("Act") (50

U.S.C. 1801, et seq.), as amended by Public Law 103-359 [50 U.S.C.

1822, 1823], and in order to provide for the authorization of

physical searches for foreign intelligence purposes as set forth in

the Act, it is hereby ordered as follows:

Section 1. Pursuant to section 302(a)(1) of the Act, the Attorney

General is authorized to approve physical searches, without a court

order, to acquire foreign intelligence information for periods of

up to one year, if the Attorney General makes the certifications

required by that section.

Sec. 2. Pursuant to section 302(b) of the Act, the Attorney

General is authorized to approve applications to the Foreign

Intelligence Surveillance Court under section 303 of the Act to

obtain orders for physical searches for the purpose of collecting

foreign intelligence information.

Sec. 3. Pursuant to section 303(a)(7) of the Act, the following

officials, each of whom is employed in the area of national

security or defense, is designated to make the certifications

required by section 303(a)(7) of the Act in support of applications

to conduct physical searches:

(a) Secretary of State;

(b) Secretary of Defense;

(d) Director of the Federal Bureau of Investigation,

(e) Deputy Secretary of State;

(f) Deputy Secretary of Defense; and

(g) Deputy Director of Central Intelligence.

None of the above officials, nor anyone officially acting in that

capacity, may exercise the authority to make the above

certifications, unless that official has been appointed by the

President, by and with the advice and consent of the Senate.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1821, 1824 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "subparagraphs (A) through

(D)".

-End-

-CITE-

50 USC Sec. 1823 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 36 - FOREIGN INTELLIGENCE SURVEILLANCE

SUBCHAPTER II - PHYSICAL SEARCHES

-HEAD-

Sec. 1823. Application for order

-STATUTE-

(a) Submission by Federal officer; approval of Attorney General;

contents

Each application for an order approving a physical search under

this subchapter shall be made by a Federal officer in writing upon

oath or affirmation to a judge of the Foreign Intelligence

Surveillance Court. Each application shall require the approval of

the Attorney General based upon the Attorney General's finding that

it satisfies the criteria and requirements for such application as

set forth in this subchapter. Each application shall include -

(1) the identity of the Federal officer making the application;

(2) the authority conferred on the Attorney General by the

President and the approval of the Attorney General to make the

application;

(3) the identity, if known, or a description of the target of

the search, and a detailed description of the premises or

property to be searched and of the information, material, or

property to be seized, reproduced, or altered;

(4) a statement of the facts and circumstances relied upon by

the applicant to justify the applicant's belief that -

(A) the target of the physical search is a foreign power or

an agent of a foreign power;

(B) the premises or property to be searched contains foreign

intelligence information; and

possessed by, or is in transit to or from a foreign power or an

agent of a foreign power;

(5) a statement of the proposed minimization procedures;

(6) a statement of the nature of the foreign intelligence

sought and the manner in which the physical search is to be

conducted;

(7) a certification or certifications by the Assistant to the

President for National Security Affairs or an executive branch

official or officials designated by the President from among

those executive branch officers employed in the area of national

security or defense and appointed by the President, by and with

the advice and consent of the Senate -

(A) that the certifying official deems the information sought

to be foreign intelligence information;

(B) that a significant purpose of the search is to obtain

foreign intelligence information;

normal investigative techniques;

(D) that designates the type of foreign intelligence

information being sought according to the categories described

in section 1801(e) of this title; and

(E) includes a statement explaining the basis for the

certifications required by subparagraphs (C) and (D);

(8) where the physical search involves a search of the

residence of a United States person, the Attorney General shall

state what investigative techniques have previously been utilized

to obtain the foreign intelligence information concerned and the

degree to which these techniques resulted in acquiring such

information; and

(9) a statement of the facts concerning all previous

applications that have been made to any judge under this

subchapter involving any of the persons, premises, or property

specified in the application, and the action taken on each

previous application.

(b) Additional affidavits or certifications

The Attorney General may require any other affidavit or

certification from any other officer in connection with the

application.

The judge may require the applicant to furnish such other

information as may be necessary to make the determinations required

by section 1824 of this title.

(d) Personal review by Attorney General